1. The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant’s conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. The claimant must prove that harm would not have occurred ‘but for’ the negligence of the defendant. The claimant must prove, on the balance of probabilities, that the defendant’s breach of duty caused the harm.
FACTS: X worked for an iron works, ABC operating a remotely controlled crane. X galvanizes items by dipping them into a large tank of molten metal. In order to protect its crane operators, whose controls were located just a few feet from the tank, ABC erected a low wall around the tank and also provided a sheet of corrugated iron that crane operators placed between themselves and the wall. The operators were not facing the tank while opening the crane. Thus, they could not see the operation of the crane and therefore relied upon signals from another worker located farther from the tank. Many other galvanizes at the time situated their operators in enclosed, windowed spaces from which they could safely see and perform their work. ABC eventually adopted that practice as well. One day, X was working on the crane. At one point, he either turned toward the tank or leaned out to see the worker giving him instructions, thereby placing his head outside the iron sheet. A spray of molten metal burned X’s lip. When it failed to heal and began to ulcerate, he consulted a doctor who diagnosed the wound as cancerous, X ultimately died from the spread of cancer after three years. His widow sued ABC for negligence. Whether the employers would be liable for the full extent of the burn and cancer that had developed as a result?
(a) The employers are liable for all of the consequences of their negligence; thus, liable for the employee’s death. His predisposition to cancer did not matter, nor did the results of the injury. The question of liability was, whether the defendant could reasonably foresee the injury.
(b) The employers are not liable because the duty of care towards X was not breached by them as they were using the same practices which were used by other companies at that time.
(c) The employers are not liable because X suffered injury due to his own negligence in stepping out of the protective shield.
(d) The employers are liable for burns and not for the death which happened due to X’s cancerous condition which could not have been known to the employers.
2. PRINCIPLES: 1. The Constitution is supreme and all laws in violation of the provision of the Constitution are void.
2. A client can exercise his fundamental right to have a lawyer of his choice, provided that the particular lawyer is in a position to defend him.
FACTS: The Constitution of a country ‘X’ confers upon its citizens the fundamental right to be represented by a lawyer of their own choice in the criminal proceedings. A citizen, K, accused of a crime, engaged a famous criminal lawyer L to defend him. Just one day before the trial was to begin, L’s house was raided by income-tax authorities, and he was detained by them in that connection. K moved a petition in the court that he was entitled to be represented by L, and therefore, the latter should be released so as to enable him to argue the former’s case.
(a) K will succeed because his fundamental right of legal representation is being violated due to detention of the criminal lawyer.
(b) The lawyer is not in a reasonable position to defend him, so his petition would be rejected.
(c) K can hire any other lawyer; many others are available.
(d) None of the above.
The answers are: 1. (a); 2. (b).
Directions (Qs. 1 to 3): Read the following information carefully to answer the given questions.
In a certain code language, 461 means ‘where are you’, 169 means ‘you are good’ and 8652 means ‘flowers are not bad’.
1. What is the code for ‘not’?
(d) 8 or 5 or 2.
2. What is the code for ‘good’?
(d) 6 or 1.
3. How will ‘where not are good flowers’ be written in the coded language?
(d) Data inadequate.
The answers are: 1. (d); 2. (b); 3. (d).
Directions (Qs. 1 to 3): Below is given a passage followed by several possible inferences which can be drawn from the facts stated in the passage. You have to examine each inference separately in the context of the passage and decide upon its degree of truth or falsity. Give answer
(a) if the inference is definitely true, i.e., it properly follows from the statement of facts given.
(b) if the inference is probably true though not definitely true in the light of the facts given.
(c) if the data is inadequate, i.e., from the facts given you cannot say whether the inference is likely to be true or false
(d) if the inference is definitely false, i.e., it cannot possibly be drawn from the facts given or it contradicts the given facts.
Urban lifestyles, fast foods, changing diet patterns, lack of exercise, obesity and smoking are responsible for increase in the incidence of diabetes, heart attacks and cancer. Research has also shown, that modern cooking oils have an unhealthy ratio of harmful fatty acids to essential fatty acids, which contribute to free radical attacks and increase insulin resistance. Ghee, coconut oil and mustard oil have a healthy ratio of fatty acids. Their use in rural India, coupled with a traditional high fibre diet and physical exercise, probably account for the lower incidence of diabetes are heart attacks in the rural population, the study reveals.
1. Rural people should not migrate to urban cities, if they value their health.
2. Most of the rural population is healthy and free of diseases.
3. The increase in diseases like diabetes, heart attacks, etc. is controllable by taking proper measures.
The answers are: 1. (b); 2. (a); 3. (b).